Back
MANISH PITALE
Rikin Ranchhodlal Chokshi – Appellant
Versus
Shaila Abhay Shah – Respondent
JUDGMENT :
Manish Pitale, J.
This testamentary suit arises out of testamentary petition filed for grant of probate of Will dated 06th July, 2000, allegedly executed by the deceased i.e. Ranchhodlal Manilal Chokshi. He died on 25th January, 2008 and the probate petition was filed in the year 2015.
2. The aforesaid Will appointed Rikin Ranchhodlal Chokshi (plaintiff / petitioner) as a sole executor, while the beneficiaries were the plaintiff i.e. the son of the deceased, his widow Urmila, as also the two daughters Nita Zaveri and Shaila Shah. While the widow Urmila and one of the daughters i.e. Nita Zaveri gave consent affidavits, supporting the prayer made in the probate petition, the remaining daughter i.e. Shaila Shah filed caveat and opposed the grant of probate. As a result, the proceeding was converted from a testamentary petition to the present Testamentary Suit No. 180 of 2016. On 04th April, 2017, this Court framed five issues for determination in the suit and the rival parties led oral as well as documentary evidence in the matter. The suit came up for final hearing, wherein the learned counsel for the parties were heard at length. Written submissions along with copies of judg
The court affirmed that the plaintiff sufficiently proved the valid execution of the Will, while the defendant failed to establish claims of forgery or suspicious circumstances surrounding it.
The propounder of a Will must prove valid execution by confirming compliance with legal requirements, and any allegations of forgery or mental incapacity must be substantiated by the contesting party....
The court affirmed the validity of the Will dated 12th December 1996, emphasizing the burden of proof on the Defendants to substantiate claims of forgery, which they failed to do.
The propounder of a Will must satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
The propounder of a Will must prove its valid execution and genuine nature, failing which, the Will cannot be upheld.
The validity of a Will is upheld when properly executed, and the burden of proving undue influence or fraud lies with objectors, not the propounder.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
